I am 23 y/o US citizen married to a 26 y/o illegal immigrant from El Salvador. We have been together 3 years and married for 2 years. We have a son and one on the way. He has no criminal record and pays his taxes. Can I petition for him without him having to leave the US?
Whether your husband is eligible to adjust status depends in large part on whether he entered United States legally or if not then if he falls under an exception.
Otherwise, he would need a waiver of unlawful presence. The good news is that the provisonal waiver program might be a good option for you. Of course given the importance of the consequences and the emotional and financial investment, you should consider working with me or one of my colleagues who focus on waiver cases.
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